Representing People Accused of Aggravated Battery in Indiana

Fort Wayne criminal defense attorney serving Allen County

In Indiana, aggravated battery (known in other states as aggravated assault) is a crime involving catastrophic physical injury to others. A conviction can put a defendant in prison for several years and lead to lifelong consequences affecting such rights as employment, residence and entitlement to civil benefits. The Law Offices of Ryan E. Lackey in Fort Wayne has extensive experience representing people charged with violent crimes. We provide effective defense in court and in strategic negotiations to secure charge reductions and dismissals. You can trust us to advocate zealously to protect your rights. 

What makes aggravated battery a serious crime?

Aggravated battery is defined in Indiana Code § 35-42-2-1.5 as intentionally injuring a person in a manner that puts them at risk of death or causes permanent disfigurement; the loss or impairment of a body part or organ; or the loss of a fetus. It is a Level 3 felony, which makes it a greater crime than other types of battery, such as:

• Misdemeanor battery — Rude touching or causing minor injury.
• Felony battery (Level 6) — Causing moderate bodily injury or injuring victims in certain categories.
• Felony battery (Level 5) — Causing serious bodily injury or injuring victims in certain categories.

The key distinguishing aspect of aggravated battery is that it requires knowing or intentional infliction of injury, as opposed to simply causing injury. 

How is aggravated battery penalized in Indiana?

As a Level 3 felony, aggravated battery carries a potential prison term of three to 16 years as well as fines of up to $10,000. The length of the prison term and size of the fine depend on the facts of the case particularly whether there are aggravating factors, such as these: 

• Severity and permanence of injury
• Use of a deadly weapon
• Vulnerability of the victim, such as a child or elderly person
• Commission of the crime in the presence of a child
• Commission of the crime during another offense
• Prior criminal history of the defendant
• Brutality of the act and/or premeditation
• Lack of remorse by the defendant
• Severe impact on the victim

The presence of any of these factors can lead the prosecution to recommend increasing the sentence from the advisory prison term of nine years to a sentence in the 10 to 16 year range. The judge imposing the sentence will also consider mitigating factors raised by the defense.

Will a case be dropped if the victim doesn’t want to press charges?

Criminal charges in Indiana are prosecuted by the state, not by the alleged victim. Even if the victim decides not to participate or requests that charges be dismissed, prosecutors may continue pursuing the case. Absent the victim’s testimony, the prosecution may rely on police reports, witness statements, medical records, photographs, recorded communications and other available evidence. 

Can an aggravated battery conviction be expunged in Indiana?

Indiana law allows certain criminal convictions to be expunged, which limits public access to criminal records and so helps reduce the long-term effects of a conviction. 

Aggravated battery falls within the categories of felonies eligible for expungement under certain conditions. The petitioner must satisfy these requirements:

• Complete the waiting period, which is 10 years after the conviction or five years after completing the sentence if the prosecutor consents.
• Have no new convictions during the waiting period.
• Have no pending charges.
• Pay all restitution ordered by the court.
• Obtain the prosecutor’s consent.

Prosecutors often decline to consent to expungement of aggravated battery convictions due the gravity of the injuries inflicted and the fact that victims can object. However, a criminal defense attorney may be able to make a compelling case for expungement based on all positive facts and circumstances.

Speak with a Fort Wayne aggravated battery defense lawyer immediately

The Law Offices of Ryan E. Lackey in Fort Wayne represents clients throughout Allen County, Indiana in serious felony matters. Whether you are facing assault and battery allegations or another violent criminal charge, we will evaluate your case and take prompt and effective action to protect your interests. To schedule a confidential free consultation, dial 260-222-7364 or contact us online.